PIP, DLA and AA
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PIP appeal granted

vollantevollante Member Posts: 29 Connected
My daughter has just been granted her appeal for PIP after waiting 11 months. The court date was set and 4 hours before we were due to attend we got a call from the court saying she didn't need to attend as she has won the appeal. We had been through the mandatory appeal, without success but for everyone who is going through this system please try not to give up, that is what they want. We are now waiting to hear from the court what award has been granted. My daughter is lucky she has us to help and assist her but even for me as a mother it was so stressful especially the descriptors and trying to explain one by one how my daughter copes on a day to day basis. The more you can describe on each descriptor the better. I am angry that the evidence was with the tribunal service for over 10 months and they couldn't make their decision based on it as that is what they used in the end. Now we will see if they backdate her claim. Can anyone tell me if this is mandatory to backdate from the start of the claim or is there a time limit? It has been mentioned that 3 months backdated is the maximum or the judge makes the decision.

Replies

  • thespicemanthespiceman Member Posts: 6,408 Disability Gamechanger
    Hello @vollante   Pleased to meet you welcome.

    Thank you for joining and sharing. Congratulation s on winning your appeal.

    Thank you for the supportive words and I am sure they will be many who can understand . What you have been through. I am one.

    In response to your question, I do not know the answer. To reassure there will be members of our team or a member of our community who can give you an answer

    We are a friendly, supportive community. Care and share.

    Please ask if we can advise.  Some one will know.

    Please take care

    @thespiceman
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  • vollantevollante Member Posts: 29 Connected
    edited November 2018
    Thank you. The frustration and the stress over the past year was horrific but happy that we carried on with the process. We live in South Devon and we logged the appeal in January and today was the hearing date that  was never heard orally. Just goes to show in my opinion that decisions could be made a lot sooner. My daughter had to give up driving lessons due her PIP beg stopped as she has mobility issues as well as cognitive problems. Driving was one thing that would have given her some freedom. Oh well back to the drawing board. I am happy to share details of our appeal from start to the eventual finish.

  • CockneyRebelCockneyRebel Member Posts: 5,258 Disability Gamechanger
    Hi and welcome

    It can take around 8 weeks for the DWP to put a tribunal decision into payment. It is worth giving them a ring next week to make sure that they have a copy of the decision.
    Payment should be back dated to when your daughters claim was stopped
    Be all you can be, make  every day count. Namaste
  • vollantevollante Member Posts: 29 Connected
    thank you for your help

  • YadnadYadnad Member - under moderation Posts: 2,862 Disability Gamechanger
    vollante said:
    Thank you. The frustration and the stress over the past year was horrific but happy that we carried on with the process. We live in South Devon and we logged the appeal in January and today was the hearing date that  was never heard orally. Just goes to show in my opinion that decisions could be made a lot sooner. My daughter had to give up driving lessons due her PIP beg stopped as she has mobility issues as well as cognitive problems. Driving was one thing that would have given her some freedom. Oh well back to the drawing board. I am happy to share details of our appeal from start to the eventual finish.

    The Tribunal only get round to seeing the claim papers just before the hearing date. The DWP had every opportunity to revise their decision at any time right up to the day before the hearing but they chose not to.
    You can't blame the Tribunal Service for the delays - that is entirely the fault of the DWP in not dealing with the claim correctly in the first place, the number of claimants taking their claims to the Tribunal thus causing lengthy waiting periods and the government for refusing to put more money into the Tribunal system in order to employ more staff.
      
  • vollantevollante Member Posts: 29 Connected
    Didn't realize that DWP could have revised their decision at anytime, we live and learn. I am so glad we carried on with the appeal, my daughter can now work towards some very much needed independence when she restarts her driving lessons. 
  • vollantevollante Member Posts: 29 Connected
    edited November 2018
    Just a quick update: paperwork from the court arrived My daughter has been awarded enhanced rate for daily living and enhanced rate for mobility. The award is dated from 11/1/2018 - 11/12028. Footnote from appeal panel. We are appalled with the DWP decision to stop the applicants benefit. the applicant has lifelong disabilities that are degenerative. Having to attend assessments will impede on her mental health. So basically her 28 points that were taken away by the assessor at assessment  have now been reinstated. My advice to anyone who is in the same predicament, try to be patient and go to appeal if necessary. Get help and advice where you can with filling in forms.  My daughter is now looking forward to getting some very welcome independence for herself and so are we. Please can anyone give some info regarding the award date. Will this mean she will have no further assessments until 2028?

  • vollantevollante Member Posts: 29 Connected
    I have just found this online so I have my question answered 
    PIP REVIEWS 2018
    The government will end any unnecessary PIP reviews for people with the most severe health conditions. It means they will no longer need to attend regular reviews for Personal Independence Payment.
    The new guidance takes effect from the summer of 2018. But, it only applies to those awarded the highest level of support under PIP.
    They will receive an ongoing award of PIP with a 'light touch' review conducted every ten (10) years.
    PIP review changes ensure those with severe (or progressive) conditions get an award that reflects the fact that their condition will not improve.
  • YadnadYadnad Member - under moderation Posts: 2,862 Disability Gamechanger
    vollante said:
    I have just found this online so I have my question answered 
    PIP REVIEWS 2018
    The government will end any unnecessary PIP reviews for people with the most severe health conditions. It means they will no longer need to attend regular reviews for Personal Independence Payment.
    The new guidance takes effect from the summer of 2018. But, it only applies to those awarded the highest level of support under PIP.
    They will receive an ongoing award of PIP with a 'light touch' review conducted every ten (10) years.
    PIP review changes ensure those with severe (or progressive) conditions get an award that reflects the fact that their condition will not improve.


    Yes that is good news for many. Such a shame that it took until this summer for the government to do this with PIP when they have already been doing it with ESA for quite a while now.

    Everything in life has it's up's and down's. The DWP agreed that my medical issues are both degenerative and life limiting in changing their initial decisions of 0 points in 2013 and again in 2015 to Enhanced Care & Mobility. Unfortunately they considered that a 3 year award was appropriate.
    The same happened again in 2017/18 where they offered me 0 points following the third re-assessment.
    After that I gave up due to the possibility that this situation would continue every other year until I die. Being 70, there is only so much that I could take.

    It looks like that if I had have progressed the latest refusal to appeal and had not given up it may well have changed to a 10 year award,
    Too old to start a new claim unfortunately.
     


  • vollantevollante Member Posts: 29 Connected
    My daughter is 28 so the light touch review will be a great help as she found the assessment so frightening ( she has moderate learning difficulties) which I believe was not taken into consideration at her assessment. Anyway one door closes another one opens and she will get her much deserved independence at her level.
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